On February 9 Kamala Harris said “We changed federal marijuana policy”, in a video posted on the social media platform X. Despite that not being true, the video has been shared thousands of times and remains live.
In less than a month, the video has been viewed nearly half a million times, it’s been shared over 2,200 times, and it has nearly 3,000 comments. The video has clearly driven engagement, as was undoubtably its goal, but it does so while claiming provable falsehoods.
“We changed federal marijuana policy, because nobody should have to go to jail just for smoking weed”, said Vice President Harris in the video, which was designed to appeal to young voters and drive their enthusiasm and voter turnout.
Although the Biden / Harris Administration was the first to ever sign a standalone piece of marijuana legislation in the Medical Marijuana and Cannabidiol Research Expansion Act, they have not signed any laws or passed an executive orders, that have actually changed federal marijuana law.
An executive order was issued by President Biden in 2022, directing the Department of Health and Human Services to conduct a review of marijuana as a Schedule I drug. That review has led to them recommending the Drug Enforcement Administration (DEA) reschedule marijuana to Schedule III, something the DEA is currently considering. If this change is made, then VP Harris would be entirely correct in saying that federal marijuana law has been changed, as it would have far-reaching implications including legalizing its prescription use nationwide.
Until then, the statement is incorrect, and despite being called out on it by numerous media outlets and marijuana advocates, the video has not been removed or even addressed (other than a campaign official saying 11 days ago that there was “no plans” to remove the video).
“I take no pleasure in saying that the administration is willfully lying to the American public, but that’s exactly what they are doing when they stand up and proclaim they are keeping people from going to jail because of marijuana,” Cannabis Freedom Party (CFP) co-founder Jim Mcmahon said in a recent public statement. “Yes, in October of 2022, President Biden issued a general pardon for federal offenders with simple possession, but let’s be clear, that pardon and his subsequent pardons let no one out of prison and is not criminal justice reform to keep people from going to jail.”
Kyle Turley, a former offensive lineman with the NFL and co-founder of the CFP, says “We call on President Biden and Vice President Kamala Harris to live up to their administration’s promises and work with Congress to actually implement comprehensive cannabis policy reform. The time for action is now. Every day of inaction results in more arrests, more lives disrupted, and more opportunities missed in creating a fair and accessible cannabis industry”.
Poling released earlier this year found that if marijuana is rescheduled to Schedule III, 11% of people who have an unfavorable opinion of Biden will switch to having a favorable opinion. The Biden / Harris Administration may be trying to reach these people a little early.
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